Section 26 of THE ADVOCATES ACT, 1961 __________
Disposal of applications for admission as an advocate.
- (1)A State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections (2) and (3) 3[and to any direction that may be given in writing by the State Bar Council in this behalf], such committee shall dispose of the application in the prescribed manner: 4[Provided that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.]
- (2)Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application.
- (3)The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India. 3[(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.]
Summary
- Every application for admission is referred by the State Bar Council to its enrolment committee.
- The enrolment committee is generally the body that decides on the application in the prescribed way.
- If the committee wants to refuse an application, it must first send the case to the Bar Council of India for an opinion.
- The committee must follow the opinion of the Bar Council of India when making its final decision on a refusal.
- If an application is refused, the State Bar Council must inform all other State Bar Councils of the name, address, and reasons for the rejection.
- The Bar Council of India can remove a name from the roll if it was obtained by fraud or misrepresentation of an essential fact.
Practical examples
FAQ
1. Who has the final say if the State Bar Council wants to reject me?
The Bar Council of India provides the opinion that the state committee must follow in cases of refusal.
2. Can I be kicked out after I am already on the list?
Yes, if the Bar Council of India finds you used fraud, undue influence, or lied about an essential fact to get enrolled.
3. Will other states know if I am rejected?
Yes, the State Bar Council must send notice of the refusal and the reasons for it to all other State Bar Councils.
Test yourself
1.Under Section 26 of THE ADVOCATES ACT, 1961 __, which committee initially handles the disposal of enrolment applications?
2.Under Section 26 of THE ADVOCATES ACT, 1961 __, what must happen before an enrolment committee can refuse an application?
3.Under Section 26 of THE ADVOCATES ACT, 1961 __, on what grounds can the Bar Council of India remove an advocate's name from the roll?
4.Under Section 26 of THE ADVOCATES ACT, 1961 __, what information is sent to other State Bar Councils when someone is refused?